Someone recently bought our

students are currently browsing our notes.


Registration Notes

Law Notes > Land Law Notes

This is an extract of our Registration document, which we sell as part of our Land Law Notes collection written by the top tier of Oxford students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:




? Is proprietary right legal or equitable: (i) Is it capable of existing as legal or equitable?
? S1 LPA 1925 -rights which may be legal i. Estates - fee simple (freehold) & leasehold ii. Interests - easements, mortgages, rights of entry contained in legal lease &rentcharge (ii) Did it come into existence as legal or equitable right?
i. Legal -falls within s1 LPA 1925 +created by deed + registered in acc. w/LRA 2002
? if not registered = equitable (s7 & 27(1) LRA 2002) ii. Equitable - a proprietary right could be equitable for one of 3 reasons: i. not included in s1 (e.g. proprietary estoppel, restrictive covenant etc) ii. included in s1 but no deed used iii. included in s1 & deed used but no registration
= +created in writingORsatisfies conditions for prop. estoppel/implied trusts (CT/RT) Effect of Legal & Equitable Rights (i) Unregistered land
? Legal right -binding on all disponees
? Equitable right a) Pre-1925 - binding on disponees, except BF purchaser for value of legal estate w/out notice b) Post 1925 - binding on disponees but there may be a defence (ii) Registered land
? Registered legal/equitable right in rem or overriding interest - binding on all disponees
? Once electronic conveyancing system is complete, may make distinction redundant Unregistered Land Framework
? A transfers unregistered land to C = B's pre-existing legal property right will always bind C& his pre-existing equitable right will bind C, unless C has a defence: (i) Scenario 1: B's equitable right is a registrable land charge and either a) B hasn't registered it (Midland Bank v Green - applies even against P w/actual notice, as long as s4 LCA 1972 is satisfied)); or b) B has registered it against incorrect name & C has requested a search against correct one (ii) Scenario 2: B's equitable interests is one of the following: a) Beneficial interest under trust b) Proprietary estoppel c) Equitable easement/restrictive covenant created pre Jan 1926 -falls outside LCA 1972 (iii)
.... in which case it's governed by doctrine of notice?C has a defence to B's interest if he'sa BF purchaser of legal estate w/out notice (defence not resurrected on subsequent sale to P w/notice)
? BF Purchaser requirements: (i) bona fide - acted in good faith in the purchase (ii) purchaser of value -acquired the estate by act of parties rather than by operation of law (e.g. no adverse possession or gift) (iii) of a Legal Estate - leasehold/freehold (iv) w/out notice: a. actual - matters of which C was aware (hearing rumours not sufficient - but will be for constructive notice)

Buy the full version of these notes or essay plans and more in our Land Law Notes.

More Land Law Samples